3734.058
Limiting regulations by local authorities.

(A)
Except as provided in division (B) of
this section, no political subdivision of this state shall require any
additional zoning or other approval, consent, permit, certificate, or condition
for the operation of a byproduct disposal facility authorized by a byproduct
disposal facility permit to install or modify issued under division (B) of
former section 3734.054, division (B) or (C)(3) of section 3734.055, or
division (B) of former section 3734.057 of the Revised Code, nor shall any
political subdivision adopt or enforce any law, ordinance, resolution, or rule
that in any way alters, impairs, or limits the authority granted in the permit.

(1)
Division (A) of this section does not
apply to the issuance of an annual license for a byproduct disposal facility
under division (A)(1) of section
3734.05 of the Revised Code; the
issuance of orders under section
3709.20 or
3709.21 of the Revised Code to
enforce the solid waste provisions of this chapter or rules adopted or terms
and conditions of permits, licenses, or orders issued under those provisions;
the inspection of any such facility for compliance with those provisions, any
such terms and conditions, or any orders issued under section
3709.20 or
3709.21 of the Revised Code to
enforce those provisions or any such terms and conditions; or the enforcement
of those provisions, any such terms and conditions, or any orders issued under
section 3709.20 or
3709.21 of the Revised Code to
enforce those provisions or any such terms and conditions, by a board of health
on the approved list under section
3734.08 of the Revised Code.

(2)
Division (A) of this section
does not alter, impair, or limit the authority of a board of health or
political subdivision of this state that has been delegated any of the powers
and duties of the director of environmental protection under Chapter 3704. of
the Revised Code pursuant to division (P) of section
3704.03 of the Revised Code to
exercise the authority and perform the duties conferred upon the board or
political subdivision by that delegation.

(1)
"Byproduct disposal facility" means a
solid waste disposal facility that exclusively disposes of coal combustion
wastes. "Byproduct disposal facility" does not include a coal mining and
reclamation operation where coal combustion wastes are used in conducting the
operation, or are disposed of, in compliance with Chapter 1513. of the Revised
Code and rules adopted under it.

(a)
Air pollution control
wastes that are solid wastes, that result from the combustion of coal at a
coal-fired electric generating facility owned, operated, or leased by an
electric light company or a municipal power agency, and that are generated by
air pollution control equipment installed or used at the electric generating
facility for the purpose of complying with applicable emission standards or
emission limitations established under the "Air Quality Act of 1967," 81 Stat.
485, 42 U.S.C.A. 1857, as amended, and regulations adopted under it or Chapter
3704. of the Revised Code and rules adopted under it;

(b)
Air pollution control wastes that are
solid wastes and that are generated in the operation of air pollution control
equipment installed at a byproduct disposal facility for the purpose of
complying with Chapter 3704. of the Revised Code and rules adopted under it;

(c)
Water pollution control wastes
that are solid wastes and that are generated in the operation of a disposal
system or treatment works installed at a byproduct disposal facility for the
purpose of complying with Chapter 6111. of the Revised Code and rules adopted
under it;

(d)
Any other similar
types of solid wastes that are produced in the operation of a coal-fired
electric generating facility or in the operation of air pollution control
equipment, disposal systems, or treatment works installed or used at such a
facility and that are identified in rules adopted under division (A) of section
3734.02 of the Revised Code.

(3)
"Disposal system"
and "treatment works" have the same meanings as in section
6111.01 of the Revised Code.

(4)
"Electric light company" has
the same meaning as in section
4905.03 of the Revised Code.

(5)
"Municipal power agency" means
any Ohio nonprofit corporation, the members of which are municipal corporations
that own and operate electric utility systems, that sells electricity to its
members for resale.